Ombudsman affirms Casanova appointment, denies Calleja MR

The Office of Ombudsman denied the Motion of Reconsideration (MR) filed by lawyer Howard Calleja on the dismissed criminal and administrative complaints he filed against BCDA President and CEO Arnel Paciano D. Casanova.

“We laud the Office of the Ombudsman for their fair and speedy resolution of this issue,” remarked Casanova. He noted that the decision by the Ombudsman is a legal victory against cases filed against government officials merely for harassment purposes.

It would be recalled that in the criminal and administrative complaints filed by Calleja against BCDA President and CEO Arnel Paciano D. Casanova , he argued that Casanova should be charged with usurpation of authority and violation of the antigraft law, as well as dishonesty and grave misconduct, for performing as the BCDA President, since the BCDA charter stipulates that the agency’s chairman of the board should also be its president. He said that when the position was split between Casanova and then-Chairman Felicito Payumo in April 2011, the law was violated.

In its Joint Resolution dated 30 July 2013, the Ombudsman found that there is no probable cause to file the charges against Casanova, since “it is clear from the appointment letter dated 07 April 2011 issued by Malacañang Palace… that [Casanova] was duly appointed as President and CEO of the BCDA. Thus, respondent Casanova is clothed with the color of title and cannot be considered a “usurper.”

Acting on the Motion for Reconsideration of Calleja on the Joint Resolution, the Office of the Ombudsman issued the Joint Order finding no reason to disturb the findings of the Office as set forth in the said Joint Resolution.

Penned by Graft Investigation and Prosecution Officer I Rachel Rueve M.T. Barroso-Jamiro, reviewed by Director Nellie P. Boguen-Golez and approved by Ombudsman Conchito Carpio-Morales, the Joint Order stated further that “although complainant contends that such appointment is illegal, until and unless a court of justice exercises its power of judicial review in a proper proceeding and declares the act of appointment by the President of the Philippines as illegal, such executive act enjoys the presumption of validity.”

“We are firm practitioners of transparency and good governance, so we have nothing to hide,” Casanova said.

The Joint-Order also said that “All the issues raised by the complainant-movant [Calleja] are mere rehash of the issues already resolved and taken into consideration by this Office.” It further stated that the motion of Calleja “does not contain new evidence that would warrant a reversal of the assailed Joint Resolution” thus the dismissal of the Motion for Reconsideration.

On his appointment as BCDA president, Casanova reiterated that “I am merely fulfilling my duties, and I am obliged to serve as BCDA President as mandated and appointed by President Aquino. This case was clearly an effort to harass me and prevent me from faithfully fulfilling my duty as a public servant. We shall not be deterred from pursuing a path of good governance.”